reclaiming catalogue fees

[Tigerbird45]

Thank you so much dx

 

i never thought £244 would become £1,650 just with 39.9% compound interest added

 

so if I copy this and aproched Studio and ask them for this money to be returned

 

on who's authorities

 

because it's unfair

 

thanks dx Mike

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?310732-Shop-Home-Direct-£12-charges-*********************Won*-**********************&highlight=shop+direct+reclaim

[Tigerbird45]

Thanks dx some good reading

 

 

I will prepare a letter to reclaim the defaults tomorrow for the full £1,900 and also remind them I could reclaim back to 1993

 

 

I'll send a copy of 1993 statement for prove also the have no Cca signed by myself

 

 

I have not agreed to anything also that I have been a good customer since 1993 plus my medical condition condition get this wrote up thanks dx Mike

[Tigerbird45]

Hi guys n gals

 

sent my request off last Friday for my be faults back

 

I've had a few Red statements throw from Studio for myself to pay

 

I've had 3 SAR packs now n two credit agreements signed by Studio but NOT signed be myself

 

to night just had a telephone call from Studio asking me to pay my account

 

I informed the lady that what is happening myself sending a letter asking for my defaults back which she remarked that when you buy from Studio you agree to pay interest n defaults if missed payments as my credit agreement

 

I told her Studio donot have a valid credit agreement by myself she put my account on hold till 27/02/16

 

thanks guys mike

[dx100uk]

Personally I'd stay off that phone

 

What dates are on those 2 agreements

[Tigerbird45]

Hi dx

 

 

they phoned me

I didn't know the number so answered it ,

 

 

the is only one date on both copy's that's at the top says consumer credit act 1974

Studio have signed it no date when signed

no dignities by myself on ether

but Studio have wrote my name and address on top off one

 

 

I have never signed any agreement

 

 

I also ask in future I would like to be contacted by post

they still say my account started on 21/11/06

 

 

But not of the first list of transactions show account started 01/01/92

 

 

I sent my request for repayment of deefaults on 17/01/16 and gave Studio 14 days to reply thanks sir Mike

[dx100uk]

a compliant CCA return MUST have a date.

and if this stems from a 1992 account

def need a signature

someone is telling porkies

 

 

dx

[Tigerbird45]

Hi dx

 

well I asked for a copy of my credit agreement meaning agreement signed and dated by myself

 

Studio odviously they do not have one

 

the copy's they have sent are just waste of time do suppose they can put a default on my credit history

or take me to court without a valid credit agreement

 

they have put a hold on my account till 27 Feb

 

so I'll see what happens if nowt then I'll think about the ombudsman

 

 

thanks dx Mike

[Tigerbird45]

Hi

mate rang me today I was out

 

 

I asked them to only mail me surely Studio know they need a signed n dated credit agreement by me

not having that means I haven't agreed to anything

defaults adding interest anything

 

 

Studio say once you order an item and start paying for it means you agree to all the terms

 

 

thanks Mike

[dx100uk]

not for a 1992 account start date.

next time

ask them when they think you took the account out in the first place?

 

but as already said...

 

they can default etc etc, they don't need a signed agreement.

a recon will suffice meeting the requirements of the consumer credit act

HOWEVER, to enforce through a court - they will need a copy of your SIGNED agreement as its pre Apr 2007 take up.

[Tigerbird45]

Wel last of the 14 days I gave Studio tomorrow asking for my money back no reply so far thanks Mike

[dx100uk]

penalty charges reclaim is considered a complaint

they have 56 days.

 

 

unless you threatened court which you ideally should not do unless you are prepared to follow through

 

 

dx

[Tigerbird45]

Thanks dx so they have a long time thought I had to send reminder to Studio or even start with the ombudsman or as you say threaten court to gee them up thanks dx Mike

[dx100uk]

dunno what did you say in your letter?

 

 

dx

[Tigerbird45]

Well I gave them 14 days to reply after asking for my money back so today is the last day thought letter then to remind them if not as above ombudsman thanks Mike

[dx100uk]

no you cant do that

you have to wait the 8 weeks

the FOS will simply bounce you away.

[Tigerbird45]

Hi dx

 

 

got letter this morning from Studios complaints handler saying I am in receipt of your letter

and can confirm a copy of the credit agreement was sent to you which is sent to all of our customers

therefore did not have your signature on it.

 

 

Just reminding myself why default charges are applied n they charge these fees to help cover the cost incurred

but however the credit agreement allows Studio to apply default charges in payment

as these are less than the pre estimated costs to Studio

 

 

they do not agree these default charges are unfair.

That's it than mate thanks Mike

[dx100uk]

urm no

 

 

what did you expect them to say?

 

 

rollover give in?

 

 

now your fight begins.

[Tigerbird45]

Hi dx thought you'd say that Sir funny thing is I've never seen a credit agreement till now and not agreed to anything cheers Sir Mike

[Tigerbird45]

Do I send a second letter to Studio insisting these charges are unfair thanks Mike

[dx100uk]

a few ideas here yes...

 

 

 

in reply to their letter:

with regard to your letter of the 30th.

i thank you for the gesture of goodwill

in relation toward the refund of your unlawful penalty charges

however, i beg to differ upon your points raised

concerning your interpretation of the OFT statement.

It is perfectly evident that it applies to ALL types of

consumer credit agreements, else why are

all the major credit cards companies & indeed

other catalogue companies, including yourselves

settling complaints of this nature?

it is also worthy to note, that the statement was a recommendation

of £12, not permission to charge such a penalty.

When & if you truthfully disclose your actual costs

then perhaps consumers might have a better faith in the industry.

i now move to the matter of the interest you have charged me

on these penalty charges.

in line with the std FOS calculation, you have failed

to place me back in the position i would

have been, had you not levied such charges,

You have omitted to include the interest you have charged me

on each day for each charge.

Having already prepared the documents required should

i take the option to take you to court, i have included

a repeat copy of my schedule of charges.

from the total detailed i have removed your refunded sum.

i will give you 14 days before i decide my next move.

However, either way, be this court or the FOS, this will increase

your costs by adding a further 8% statutory interest to my claim.

Having consulted information provided by the FOS

i am also advised to inform you of their fees levied

upon the company under investigation - £450

i sincerely hope we can resolve my claim

without further involvement.

however, please be advised i will not hesitate

in escalating this complaint should it not

be resolved to my satisfaction.

yours

disgrutled customer

dx

[Tigerbird45]

Wow that is a letter and a half thank you dx you should take up writing poetry thanks again I will crack on thanks Mike

[dx100uk]

its one from a cag thread somewhere here

 

 

just remember to delete stuff not applicable to your situation.

 

 

dx

[Tigerbird45]

Oh right dx I will do thanks I was looking at a similar letter on money saving expert saying nearly the same threating small claims court action thanks Mike

[Tigerbird45]

Do Studio charge interest on defaults thanks Mike